California and EU Enact Laws Requiring Embedded Data on AI-Generated Images
A new law requiring embedded data on AI-generated images has taken effect in California, marking a significant step towards making it easier to identify such content. The legislation, which was passed in 2024, is part of a coordinated effort with the European Union’s AI Act and aims to combat election misinformation, scams, and abusive deepfakes by giving users better tools to distinguish authentic from fabricated media.
The law requires generative AI companies to embed ‘provenance’ data into their images, videos, and audio files. This information includes details such as whether the content was made using AI, which system was used, and the date it was created. The embedded data can then be verified using content authentication tools like those developed by Coalition for Content Provenance and Authenticity.
State Senator Josh Becker of Menlo Park played a key role in developing this legislation with EU lawmakers. He explained that while AI has its benefits, there is a growing concern about the misuse of AI-generated content. ‘While AI has some benefits, we’ve seen AI content used for election misinformation, for scams and abusive deepfakes,’ he said.
The California law’s next phases will roll out over the coming years. Starting January 1, large social media platforms operating in California must provide users with a way to view embedded provenance information attached to AI-generated content. Then, from 2028 onwards, phones and cameras manufactured in California will be required to capture and store this data when creating new content.
Becker acknowledged that technology is advancing faster than regulation and emphasized the need for lawmakers to move more quickly on future AI policy. He also highlighted California’s unique position as a hub for Silicon Valley and the world’s fourth-largest economy, which gives it influence well beyond its borders.
The partnership between California and the European Union marks an important step in establishing a common international framework for regulating AI-generated content. Many leaders within the AI industry have acknowledged the need for guardrails to prevent misuse of this technology. Becker emphasized that his state has both the opportunity and responsibility to regulate this industry, given its significant presence.
The new law won’t eliminate skepticism online but aims to provide users with better tools to make informed decisions about the content they consume. As part of this effort, California lawmakers worked closely with EU officials while developing the legislation so both measures could take effect simultaneously.